republic-os/legal/us/code/title-16/chapter-2/section-526.md

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LegalText	16 U.S.C. § 526	Establishment and protection of water rights	us	united_states_code	code_section	16	CONSERVATION	2	NATIONAL FORESTS	526	16 U.S.C. § 526	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip	/us/usc/t16/s526	data/legal/raw/us/code/title-16/usc16.xml	0e41696a53df0ba9aa34f21699322807cf5084d1116bb4badfeb5ff614da5ef2	7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503	35cef697a74f6e2b168a6fe9760e4450144593dcecc66150c6031de8153ac23f	2026-07-04	official	legal us-code

16 U.S.C. § 526 - Establishment and protection of water rights

Text

There are authorized to be appropriated for expenditure by the Forest Service such sums as may be necessary for the investigation and establishment of water rights, including the purchase thereof or of lands or interests in lands or rights-of-way for use and protection of water rights necessary or beneficial in connection with the administration and public use of the national forests.

(Sept. 21, 1944, ch. 412, title II, § 213, 58 Stat. 737.)

Notes

Editorial Notes

Codification This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

Statutory Notes and Related Subsidiaries

Interim Moratorium on Bypass FlowsPub. L. 104–127, title III, § 389, Apr. 4, 1996, 110 Stat. 1021, as amended by Pub. L. 104–180, title VII, § 736, Aug. 6, 1996, 110 Stat. 1607, provided that: “(a) Moratorium.—There shall be a 20-month moratorium on any Forest Service decision to require bypass flows or any other relinquishment of the unimpaired use of a decreed water right as a condition of renewal or reissuance of a land use authorization permit. “(b) Limitations.—Subsection (a) shall not affect—“(1) obligations or authority of the Secretary of Agriculture to protect public health and safety; and “(2) obligations or authority under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or applicable State law. “(c) Rules of Construction.—“(1) Existing non-federal water rights.—Nothing in this section prevents or inhibits the exercise of the use and operation of existing non-Federal water rights on or above the National Forest land that require land use authorization permits from the Forest Service to access water supply facilities. “(2) Renewal or reissuance of expiring land use authorization for decreed water rights.—Nothing in this section prevents or inhibits the renewal or reissuance of expiring land use authorizations for decreed water rights. The Forest Service may extend, as needed, any expiring land use authorization for such time as is necessary to incorporate the results of the study authorized by subsection (d). “(d) Study of Water Rights Across Federal Lands.—“(1) Establishment.—Not later than 60 days after the date of enactment of this Act [Apr. 4, 1996], there shall be established a Water Rights Task Force to study the subjects described in paragraph (3). “(2) Membership.—The Task Force shall be composed of 7 members appointed as follows:“(A) 1 member shall be appointed by the Secretary of Agriculture. “(B) 2 members shall be appointed by the Speaker of the House of Representatives and 1 member shall be appointed by the Minority Leader of the House of Representatives. “(C) 2 members shall be appointed by the Majority Leader of the Senate and 1 member shall be appointed by the Minority Leader of the Senate. “(3) Subjects to be studied.—The Task Force shall study and make recommendations on—“(A) whether Federal water rights should be acquired for environmental protection on National Forest land; “(B) measures necessary to protect the free exercise of non-Federal water rights requiring easements and permits from the Forest Service; “(C) the protection of minimum instream flows for environmental and watershed management purposes on National Forest land through purchases or exchanges from willing sellers in accordance with State law; “(D) the effects of any of the recommendations made under this paragraph on existing State laws, regulations, and customs of water usage; and “(E) measures that would be useful in avoiding or resolving conflicts between the Forest Service’s responsibilities for natural resource and environmental protection, the public interest, and the property rights and interests of water holders with special use permits for water facilities, including the study of the Federal acquisition of water rights, dispute resolution, mitigation, and compensation. “(4) Final report.—As soon as practicable, but not later than 14 months, after the date of enactment of this Act [Apr. 4, 1996], the Task Force shall provide the final report of the Task Force to—“(A) the Secretary of Agriculture; “(B) the Speaker of the House of Representatives; “(C) the President pro tempore of the Senate; “(D) the Chairman of the Committee on Agriculture of the House of Representatives; “(E) the Chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate; “(F) the Chairman of the Committee on Resources [now Committee on Natural Resources] of the House of Representatives; and “(G) the Chairman of the Committee on Energy and Natural Resources of the Senate. “(5) Authorization of funds.—The Secretary of Agriculture shall use funds made available for salaries and administrative expenses of the Department of Agriculture to carry out this subsection. “(e) Extension for Delay.—There shall be a day-for-day extension to the 20-month moratorium required by subsection (a) and a day-for-day extension to the report required by subsection (d)(4)—“(1) for every day of delay in implementing or establishing the Water Rights Task Force caused by a failure to nominate Task Force members by the Administration or by the Congress; or “(2) for every day of delay caused by a failure by the Secretary of Agriculture to identify adequate resources as determined by the Secretary of Agriculture to carry out the purposes of the Task Force.”